OpenLegislation

The Pressure Equipment (Safety) Regulations 2016

S.I. 2016/1105 · Made 15 November 2016 · Extends to United Kingdom

Consumer Protection

Health And Safety

Made 15th November 2016

Laid before Parliament 16th November 2016

Coming into force 8th December 2016

The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to pressure equipment and assemblies of pressure equipment.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M3 of Schedule 2 to, the European Communities Act 1972.

Annotations to the whole text

Marginal citations

M1

S.I. 1998/2793.

M2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).

M3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2ADesignated standard
  5. 3Pressure equipment and assemblies
  6. 4Excluded pressure equipment and assemblies
  7. 5Exception for trade fairs, exhibitions and demonstrations
  8. 6Pressure equipment and assemblies subject to essential safety requirements
  9. 7Regulation 7
  10. 8Requirement for pressure equipment and assemblies to comply with sound engineering practice
  11. 8APower to reclassify pressure equipment and assemblies
  12. Part 2: Obligations of economic operators
  13. Chapter: Manufacturers
  14. 9Design and manufacture in accordance with essential safety requirements
  15. 10Technical documentation and conformity assessment
  16. 11Declaration of conformity and UK marking
  17. 12Duty to keep technical documentation and ... declaration of conformity
  18. 13Labelling of pressure equipment and assemblies
  19. 14Instructions and safety information
  20. 15Compliance procedures for series production
  21. 16Monitoring
  22. 17Duty to take action in respect of pressure equipment or assemblies placed on the market which are considered not to be in conformity
  23. 18Provision of information and cooperation
  24. 19Manufacturer's authorised representatives
  25. Chapter: Importers
  26. 20Prohibition on placing on the market pressure equipment or assemblies which are not in conformity
  27. 21Requirements which must be satisfied before an importer places pressure equipment or assemblies on the market
  28. 22Prohibition on placing on the market pressure equipment or assemblies considered not to be in conformity with the essential safety requirements
  29. 23Information identifying importer
  30. 24Instructions and safety information
  31. 25Storage and transport
  32. 26Monitoring
  33. 27Duty to take action in respect of pressure equipment or assemblies placed on the market considered not to be in conformity
  34. 28Retention of technical documentation and ... declaration of conformity
  35. 29Provision of information and cooperation
  36. Chapter: Distributors
  37. 30Duty to act with due care
  38. 31Requirements which must be satisfied before a distributor makes pressure equipment or assemblies available on the market)
  39. 32Storage and transport
  40. 33Prohibition on making available on the market where pressure equipment or assemblies are not considered to be in conformity with essential safety requirements
  41. 34Duty to take action in respect of pressure equipment made available on the market which are not in conformity
  42. 35Provision of information and cooperation
  43. Chapter: All economic operators
  44. 36Cases in which obligations of manufacturers apply to importers and distributors
  45. 37Translation of ... declaration of conformity
  46. 38Identification of economic operators
  47. 39Prohibition on improper use of UK marking
  48. 39AObligations which are met by complying with the obligations in the Directive
  49. 39BConformity assessment procedure obligation which is met by complying with the Directive.
  50. 39CFurther use of the UK marking
  51. 39DQualifying Northern Ireland Goods
  52. Part 3: Conformity assessment
  53. 40Presumption of conformity
  54. 41Conformity assessment procedures
  55. 42Regulation 42
  56. 42APower to amend applicable module
  57. 43Regulation 43
  58. 44Regulation 44
  59. 45Regulation 45
  60. 46Regulation 46
  61. 47Regulation 47
  62. 48... Declaration of conformity
  63. 49UK marking
  64. 49AUK(NI) indication
  65. 49BRegister of notified bodies established in the United Kingdom
  66. 50European approval for materials
  67. Part 4: Notification of conformity assessment bodies
  68. 51Approved bodies
  69. 52Recognised third party organisations
  70. 53User inspectorates
  71. 54Approval of conformity assessment bodies
  72. 55Approval of approved bodies
  73. 56Approval of recognised third party organisations
  74. 57Approval of user inspectorates
  75. 58Presumption of conformity of conformity assessment bodies
  76. 59Monitoring
  77. 60Restriction, suspension or withdrawal of approval (approved bodies and recognised third party organisations)
  78. 61Restriction, suspension or withdrawal of approval (user inspectorates)
  79. 62Operational matters in relation to approved bodies, recognised third party organisations and user inspectorates
  80. 63Subsidiaries and contractors
  81. 64Register of approved bodies
  82. 65United Kingdom Accreditation Service
  83. Part 5: Market surveillance and enforcement
  84. 66Designation of market surveillance authority
  85. 67Enforcement
  86. 68Enforcement powers
  87. 69Exercise of enforcement powers
  88. 70Evaluation of pressure equipment or assemblies presenting a risk
  89. 71Enforcement action in respect of pressure equipment or assemblies which are not in conformity and which present a risk
  90. 72EU safeguard procedure
  91. 73Pressure equipment or assemblies which are in conformity, but present a risk
  92. 74Enforcement action in cases of formal non-compliance
  93. 75Restrictive measures
  94. 76Offences
  95. 77Penalties
  96. 78Defence of due diligence
  97. 79Liability of persons other than principal offender
  98. 80Time limit for prosecution of offences
  99. 81Service of documents
  100. 82Recovery of expenses of enforcement
  101. 83Action by enforcing authority
  102. 84Appeals against notices
  103. 85Appropriate court for appeals against notices
  104. 86Compensation
  105. Part 6: Miscellaneous
  106. 87Review
  107. 88Transitional provisions
  108. 88ATransitional provision in relation to EU Exit
  109. 89Regulation 89
  110. 90Revocations, amendments and savings
  111. 91Regulation 91
  112. Signature
  113. Schedule 1: Excluded Pressure Equipment and Assemblies
  114. 1Paragraph 1
  115. Schedule 1A: Conformity Assessment Procedures for Pressure Equipment and Assemblies
  116. Part 1: Module A: Internal Production Control
  117. 1General
  118. 2Technical documentation
  119. 3Manufacturing
  120. 4UK marking and declaration of conformity
  121. 5Authorised representative
  122. Part 2: Module A2: Internal production control plus supervised pressure equipment checks at random
  123. 6General
  124. 7Technical documentation
  125. 8Manufacturing
  126. 9Final assessment and pressure equipment, assembly, checks
  127. 10UK marking and declaration of conformity
  128. 11Authorised representative
  129. Part 3: Module B: Type examination
  130. Type examination–production type
  131. 12Paragraph 12
  132. 13Paragraph 13
  133. 14Paragraph 14
  134. 15Paragraph 15
  135. 16Paragraph 16
  136. 17Paragraph 17
  137. 18Paragraph 18
  138. 19Paragraph 19
  139. 20Paragraph 20
  140. 21Paragraph 21
  141. 22Paragraph 22
  142. 23Paragraph 23
  143. 24Paragraph 24
  144. 25Paragraph 25
  145. 26Paragraph 26
  146. 27Paragraph 27
  147. Type examination–design type
  148. 28Paragraph 28
  149. 29Paragraph 29
  150. 30Paragraph 30
  151. 31Paragraph 31
  152. 32Paragraph 32
  153. 33Paragraph 33
  154. 34Paragraph 34
  155. 35Paragraph 35
  156. 36Paragraph 36
  157. 37Paragraph 37
  158. 38Paragraph 38
  159. 39Paragraph 39
  160. 40Paragraph 40
  161. 41Paragraph 41
  162. 42Paragraph 42
  163. 43Paragraph 43
  164. 44Paragraph 44
  165. Part 4: Module C2: Conformity to type based on internal production control plus supervised pressure equipment checks at random intervals
  166. 45General
  167. 46Manufacturing
  168. 47Final assessment and pressure equipment check
  169. 48UK marking and declaration of conformity
  170. 49Authorised representative
  171. Part 5: Module D: Conformity to type based on quality assurance in the production process
  172. 50General
  173. 51Manufacturing
  174. 52Quality system
  175. 53Surveillance under the responsibility of the approved body
  176. 54UK marking and declaration of conformity
  177. 55Authorised representative
  178. Part 6: Module D1: Quality assurance of the production process
  179. 56General
  180. 57Technical documentation
  181. 58Manufacturing
  182. 59Quality system
  183. 60Surveillance under the responsibility of the approved body
  184. 61UK marking and declaration of conformity
  185. 62Authorised representative
  186. Part 7: Module E: Conformity to type based on pressure equipment quality assurance
  187. 63General
  188. 64Manufacturing
  189. 65Quality system
  190. 66Surveillance under the responsibility of the approved body
  191. 67UK marking and declaration of conformity
  192. 68Authorised representative
  193. Part 8: Module E1: Quality assurance of final pressure equipment inspection and testing
  194. 69General
  195. 70Technical documentation
  196. 71Manufacturing
  197. 72Quality system
  198. 73Surveillance under the responsibility of the approved body
  199. 74UK marking and declaration of conformity
  200. 75Authorised representative
  201. Part 9: Module F: Conformity to type based on pressure equipment verification
  202. 76General
  203. 77Manufacturing
  204. 78Verification
  205. 79Verification of conformity by examination and testing of every item of pressure equipment or assembly
  206. 80UK marking and declaration of conformity
  207. 81Authorised representative
  208. Part 10: Module G: Conformity based on unit verification
  209. 82General
  210. 83Technical documentation
  211. 84Manufacturing
  212. 85Verification
  213. 86UK marking and declaration of conformity
  214. 87Authorised representative
  215. Part 11: Module H: Conformity based on full quality assurance
  216. 88General
  217. 89Manufacturing
  218. 90Quality system
  219. 91Surveillance under the responsibility of the approved body
  220. 92UK marking and declaration of conformity
  221. 93Authorised representative
  222. Part 12: Module H1: Conformity based on full quality assurance plus design examination
  223. 94General
  224. 95Manufacturing
  225. 96Quality system
  226. 97Design examination
  227. 98Surveillance under the responsibility of the approved body
  228. 99UK marking and declaration of conformity
  229. 100Authorised representative
  230. Schedule 1B: Conformity Assessment Tables
  231. 1Paragraph 1
  232. 1AParagraph 1A
  233. 2Paragraph 2
  234. 3Paragraph 3
  235. 4Paragraph 4
  236. 5Paragraph 5
  237. 6Paragraph 6
  238. Schedule 2: Essential Safety Requirements
  239. Part 1: GENERAL
  240. 1Paragraph 1
  241. 2Paragraph 2
  242. Part 2: DESIGN
  243. 3General
  244. 4Design for adequate strength
  245. 5Calculation method
  246. 6Experimental design methods
  247. 7Provisions to ensure safe handling and operation
  248. 8Means of examination
  249. 9Means of draining and venting
  250. 10Corrosion or other chemical attack
  251. 11Wear
  252. 12Assemblies
  253. 13Provisions for filling and discharge
  254. 14Protection against exceeding the allowable limits of pressure equipment
  255. 15Safety accessories
  256. 16Pressure limiting devices
  257. 17Temperature monitoring devices
  258. 18External fire
  259. Part 3: MANUFACTURING
  260. 19Manufacturing procedures
  261. 20Preparation of the component parts
  262. 21Permanent joining
  263. 22Non-destructive tests
  264. 23Heat treatment
  265. 24Traceability
  266. 25Final assessment
  267. 26Final inspection
  268. 27Proof test
  269. 28Inspection of safety devices
  270. 29Marking and labelling
  271. 30Operating instructions
  272. Part 4: MATERIALS
  273. 31Paragraph 31
  274. Part 5: SPECIFIC PRESSURE EQUIPMENT REQUIREMENTS
  275. 32Paragraph 32
  276. 33Fired or otherwise heated pressure equipment with a risk of overheating as referred to in regulation 6
  277. 34Piping as referred to in regulation 6(c)
  278. Part 6: SPECIFIC QUANTITATIVE REQUIREMENTS FOR CERTAIN PRESSURE EQUIPMENT
  279. 35Paragraph 35
  280. 36Allowable stresses
  281. 37Paragraph 37
  282. 38Joint coefficients
  283. 39Pressure limiting devices, particularly for pressure vessels
  284. 40Hydrostatic test pressure
  285. 41Material characteristics
  286. Schedule 3
  287. Part 1: Classification of pressure equipment Classification of pressure equipment before IP completion day
  288. 1Paragraph 1
  289. 2Paragraph 2
  290. 3Paragraph 3
  291. 4Paragraph 4
  292. Part 2: Classification of pressure equipment immediately on or after IP completion day
  293. 5Paragraph 5
  294. 6Paragraph 6
  295. 7Paragraph 7
  296. 8Paragraph 8
  297. Schedule 4: Notified Approved body requirements
  298. 1Paragraph 1
  299. 2Paragraph 2
  300. 3Paragraph 3
  301. 4Paragraph 4
  302. 5Paragraph 5
  303. 6Paragraph 6
  304. 7Paragraph 7
  305. 8Paragraph 8
  306. 9Paragraph 9
  307. 10Paragraph 10
  308. 11Paragraph 11
  309. 12Paragraph 12
  310. 13Paragraph 13
  311. 14Paragraph 14
  312. 15Paragraph 15
  313. 16Paragraph 16
  314. 17Paragraph 17
  315. 18Paragraph 18
  316. Schedule 5: User inspectorate requirements
  317. 1Paragraph 1
  318. 2Paragraph 2
  319. 3Paragraph 3
  320. 4Paragraph 4
  321. 5Paragraph 5
  322. 6Paragraph 6
  323. 7Paragraph 7
  324. 8Paragraph 8
  325. 9Paragraph 9
  326. 10Paragraph 10
  327. 11Paragraph 11
  328. 12Paragraph 12
  329. 13Paragraph 13
  330. 14Paragraph 14
  331. 15Paragraph 15
  332. 16Paragraph 16
  333. Schedule 6: Operational obligations of notified approved bodies, recognised third party organisations and user inspectorates
  334. 1Paragraph 1
  335. 2Paragraph 2
  336. 3Paragraph 3
  337. 4Paragraph 4
  338. 5Paragraph 5
  339. 6Paragraph 6
  340. 7Paragraph 7
  341. 8Paragraph 8
  342. 9Paragraph 9
  343. 10Paragraph 10
  344. 11Paragraph 11
  345. 12Paragraph 12
  346. 13Paragraph 13
  347. Schedule 7: Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act
  348. 1Enforcement powers under the 1987 Act
  349. 2Modifications to the 1987 Act
  350. Schedule 8: Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act
  351. 1Enforcement powers under the 1974 Act
  352. 2Modifications to the 1974 Act
  353. Schedule 9: Enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order
  354. 1Enforcement powers under the 1978 Order
  355. 2Modifications to the 1978 Order
  356. Schedule 10: Compliance, withdrawal and recall notices
  357. 1Compliance notice
  358. 2Withdrawal notice
  359. 3Recall notice
  360. 4Interpretation
  361. Schedule 11: EU Declaration of Conformity
  362. 1... Declaration of conformity (No xxxx)
  363. 2Paragraph 2
  364. 3Paragraph 3
  365. 4Paragraph 4
  366. 5Paragraph 5
  367. 6Paragraph 6
  368. 7Paragraph 7
  369. 8Paragraph 8
  370. Schedule 12: Consequential amendments and revocations
  371. 1Amendment of the Provision and Use of Work Equipment Regulations 1998
  372. 2Amendment of the Provision and Use of Equipment at Work Regulations (Northern Ireland) 1999
  373. 3Amendment of the Pressure Systems Safety Regulations 2000
  374. 4Amendment of the Pressure Systems Safety Regulations (Northern Ireland) 2004
  375. 5Amendment of the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information)(Specification) Order 2004
  376. 6Amendment of the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
  377. 7Amendment of the Legislative Reform (Health and Safety Executive) Order 2008
  378. 8Amendment of the Supply of Machinery (Safety) Regulations 2008
  379. 9Amendment of the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
  380. 10Amendment of the Fluorinated Greenhouse Gases Regulations 2015
  381. 11Amendment of the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015
  382. 12Amendment of the Consumer Rights Act 2015
  383. Explanatory note